Working whilst receving statutory maternity pay

[bubbles11]

What are the rules about working whilst receiving statutory maternity pay? I assume the rule is you cannot do it.

Do you know anyone who has and is it just "cash in hand" type jobs (like childminding or cleaning etc) or has anyone tried anything else?

[CreativeZen]

I believe the whole point about SMP is to compensate you whilst you cannot work. Thus if you were to work for money, you would not be entitled to SMP.

[trixymalixy]

It says herethat you can do self employed or voluntary work while on mat leave.

"If you work for another employer (employer B) before the birth you can still get SMP from the employer (employer A) who is paying your SMP. If you work after the birth for employer B and you were not working for employer B in the 15 th week before your baby was due, your SMP from employer A will stop on the Saturday before you start work. However, if you worked for employer B in the 15 th week before your baby was due, you may work for employer B without affecting your SMP from employer A.

You can do self employed or voluntary work without any loss of SMP. During unpaid maternity leave, you can work for another employer unless there is a clause in your contract limiting any other work. "

[bubbles11]

Trixy thanks. When you say "unpaid maternity leave" do you mean not receiving pay from employer AND not receiving stat maternity as well (I assume yes) ie receiving nothing whatsoever. In which case can the employer really limit what you earn if you are receiving no money and the only "benefit" is the assurance of a job to return to by a statutory deadline?

On the contractual front, if your employment contract is silent and the maternity policy (incorporated by reference into your employment contract) is silent what is the default position (can you work for another employer whilst receiving either a pay deal from your first employer or SST

Sorry for so many detailed questions. You must be either an employment lawyer or an HR person I am guessing.....

[flowerybeanbag]

If you are on unpaid maternity leave or are being paid for maternity leave after SMP has ended at 39 weeks, whether you can work and/or earn elsewhere is between you and your employer. Usually there is mention of work outside your employment in your contract or handbook, and if your employer pays you for maternity leave longer than 39 weeks, I would expect them to put something in the terms and conditions of the maternity policy stating that you cannot work elsewhere while receiving their extra maternity pay.

[trixymalixy]

No, not an employment lawyer or HR person, I had just been looking at this particular issue recently.

Flowery is the HR guru round here!!!!

Great to see you back Flowery you were really missed!!

[flowerybeanbag]

thanks trixy!

[juneybean]

Childminding is not cash in hand